Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re K.V.

Supreme Court of North Dakota

October 29, 2019

In the Interest of K.V., a Child State of North Dakota, Petitioner and Appellee
v.
A.V., mother of said child; and E.D., father of said child, Respondents and K.V., said child, Respondent and Appellant

          Appeal from the Juvenile Court of Ramsey County, Northeast Judicial District, the Honorable Lonnie Olson, Judge.

          Maren H. Halbach, State's Attorney, Devils Lake, ND, for petitioner and appellee.

          Kiara C. Kraus-Parr, Grand Forks, ND, for respondents and appellants.

          OPINION

          Crothers, Justice.

         [¶1] A.V., and E.D. are mother and father of K.V. They and K.V. appeal from the juvenile court order finding K.V. committed the delinquent acts of criminal trespass, fleeing or attempting to elude a peace officer, and reckless driving. They argue N.D.C.C. § 12.1-22-03(3)(b) is void for vagueness and insufficient evidence supports finding K.V. committed criminal trespass, fled or attempted to elude a police officer, and drove recklessly. We affirm in part and reverse in part.

         I

         [¶2] On November 15, 2018, a juvenile petition was filed alleging K.V. committed the delinquent acts of criminal trespass, fleeing or attempting to elude a peace officer, and reckless driving. An adjudication hearing was held on February 14, 2019, and the juvenile court found beyond a reasonable doubt that K.V. committed all three allegations. K.V. and his parents appeal.

         [¶3] On June 16, 2018, Devils Lake Police Officer Myrum received a call from the owner of Butler Machinery regarding a trespass that occurred on June 13, 2018. At trial, Myrum testified he viewed photographs showing a blue or gray Toyota pickup and a red Chevrolet pickup on Butler's machine lot. He identified the driver of the Toyota and interviewed him over the telephone. The owner of the Toyota said he was driving on the lot but did not notice the "no trespassing" signs near the entrance. He also told Myrum that K.V. was driving the Chevrolet. Myrum testified two large "no trespassing" signs were posted by the lot entrance.

         [¶4] Devils Lake Officer Khalifa testified at trial she saw a juvenile enter the driver's side of an older red Chevrolet pickup. She identified the driver as K.V. based on other officers who told her what he looked like, and from a picture of K.V. She noticed the red pickup had a burned out tail light on the driver's side and K.V. did not make a complete stop at a stop sign. Khalifa contacted Officer Johnson to stop the pickup because she was in an unmarked vehicle. Johnson testified he received a call from Khalifa stating a vehicle was northbound on Fifth Avenue Southeast headed toward the downtown area. Johnson arrived at Sixth Avenue, followed the vehicle and witnessed K.V. drive through three stop signs. When he was about a block behind the vehicle, Johnson testified he turned on his overhead lights to stop the pickup. He heard the vehicle's engine rev and saw it pick up speed. Johnson testified he estimated the vehicle's speed at 60 to 65 miles an hour. He was unable to complete the stop due to safety issues. In the juvenile court's ruling the judge stated this series of events happened in a residential area.

         [¶5] The juvenile court found beyond a reasonable doubt K.V. committed the delinquent acts of criminal trespass, fleeing or attempting to elude a peace officer, and reckless driving.

         II

         [¶6] The appellants argue the trespass statute, N.D.C.C. § 12.1-22-03(3)(b), is void for vagueness.

         [¶7] "It is a well-established principle in this state that issues not raised below cannot be raised on appeal. 'Generally, issues not raised in the trial court, even constitutional issues, will not be addressed on appeal.'" State v. Tweed, 491 N.W.2d 412, 417 (N.D. 1992) (quoting State v. Miller, 388 N.W.2d 522 (N.D. 1986)). The narrow exception to this principle is that "obvious error or defect that affects substantial rights may be considered even though it was not brought to the court's attention." N.D.R.Crim.P. Rule 52(b). "To establish obvious error, a defendant must show (1) error, (2) that is plain, and (3) that affects substantial rights." State v. Blurton, 2009 ND 144, ¶ 8, 770 N.W.2d 231.

         [¶8] The appellants did not argue the obvious error exception and therefore did not show a plain error exists that affects substantial rights. Because the constitutional argument was not raised in the juvenile court and K.V. has not argued obvious error, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.